Patna High Court
Jeetesh Kumar @ Jitesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bonds and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Jeetesh Kumar, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with alleged offences under Sections 30(a) and 30(d) of the Excise Act involving the recovery of liquor and jaggery solution. The petitioner argued that he was not in possession of the contraband, the alleged recovery site was public, and the complaint was motivated by an inimical relationship with a watchman. The State opposed the bail, citing the petitioner’s prior three excise cases. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.15,000 with two sureties, subject to verification of his criminal antecedent. The order further stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for offences under the Excise Act.
- Whether the petitioner’s prior three excise cases preclude the grant of anticipatory bail.
- Whether the circumstances of alleged recovery from a public place affect bail eligibility.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(d)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- criminal antecedent
- bail bond
- public place recovery
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13717 of 2026
Arising Out of PS. Case No.-99 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Jeetesh Kumar @ Jitesh Kumar Son of Pahari Sahani @ Jaymangal Sahni
Resident of Village- Hussepur Naya Tola, P.S.- Sahebganj, District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a) and 30(d) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 230 litres of liquor and 5000
litres jaggery solution from a bush near diyara area.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.13717 of 2026(2) dt.15-04-2026
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and is accessible to public at large and he came to be implicated
at the instance of Chaukidar with whom he is on an inimical
term. It is further submitted that if Chaukidar was aware of the
involvement of the petitioners in the occurrence, then why he
did not inform the police prior to institution of the present F.I.R.,
which casts an aspersion on the case of the prosecution. It is
next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding a proper investigation. It is further
submitted that petitioner in similar manner came to be
implicated in cases relating to excise earlier also.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor Court in connection
Patna High Court CR. MISC. No.13717 of 2026(2) dt.15-04-2026
3/3
with Sahebganj P. S. Case No.99 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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